Pandemic Darlings The pandemic economy, in original documents
Home Court filings United States v. Maurice Fayne related docket Indictment - United States v. Maurice Fayne related docket

Court filing

Indictment - United States v. Maurice Fayne related docket

Record facts

CourtU.S. District Court for the Northern District of Georgia
Filed2021-07-20

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 208 · 2021-07-20 · Docket on CourtListener

Summary

Defendant Daniel Eric Jay's motion to continue his pretrial conference and for additional time to file pretrial motions, in United States of America v. Daniel Eric Jay, Case No. 1:20-CR-228-MHC-JKL, in the U.S. District Court for the Northern District of Georgia, filed July 20, 2021 as Document 208. The motion states that he is charged in a second superseding indictment with conspiracy to commit wire fraud, wire fraud and bank fraud, and has pleaded not guilty. It says counsel was appointed on June 21, 2021 after he had represented himself, and that the government later disclosed search warrants executed on his Google accounts and additional discovery on or about July 15, 2021. The motion asks to move the July 26, 2021 pretrial conference and for 45 additional days to file motions. It is signed by L. Burton Finlayson.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
)
 
)
v.
)
                                 
)     Case No. 1:20-CR-228-MHC-JKL
DANIEL ERIC JAY.
)  
_____________________________ )
MOTION TO CONTINUE PRETRIAL CONFERENCE AND REQUEST
FOR ADDITIONAL TIME TO FILE PRETRIAL MOTIONS
COMES NOW the Defendant, DANIEL ERIC JAY, and moves this
Honorable Court to continue his pretrial conference, scheduled for July 26, 2021,
at 9:30am, and grant him forty-five (45) additional days to file pretrial motions.  In
support of this request, the Defendant shows as follows:
1.
Mr. Jay is charged in the above-styled second superseding indictment with
conspiracy to commit wire fraud in violation of Title 18 USC Section 1343 (Count
One), as well as substantive wire fraud counts in violation of Title 18 USC
Sections 1343 and 2 (Counts Two-Four), and one count of bank fraud in violation
of Title 18 USC Sections 1344 and 2 (Count Five).  The indictment also contains a
forfeiture provision.  Mr. Jay has entered a plea of “Not Guilty” to all charges. 
Case 1:20-cr-00228-MHC-JKL     Document 208     Filed 07/20/21     Page 1 of 5

2.
Previously, Mr. Jay was representing himself.  On June 21, 2021, at a
pretrial conference, Mr. Jay advised the Court that he was willing to accept
representation by counsel, and the Court appointed the undersigned to represent
the Defendant. (Doc. 201).  New counsel next requested 30 days to file pretrial
motions.  The government opposed this motion, and indicated that it believed
there were no viable motions to be filed, as there were no searches or seizures
conducted with respect to Mr. Jay.  Over the government’s objection, the Court
granted new counsel 30 days to file motions. (Doc. 201). 
3.
Since the June 21, 2021, pretrial conference, counsel for the government 
discovered that search warrants were executed on Mr. Jay’s Google accounts.  The
government subsequently produced the search warrant affidavits.  Last week, on
or about July 15, 2021, the government disclosed additional discovery (reports) to
Mr. Jay’s counsel.  This production prompted undersigned counsel to request a
full copy1 of the all Rule 16 Discovery materials.  On July 16, 2021, undersigned
     1Prior counsel indicated that he no longer possessed Mr. Jay’s Rule 16 discovery.  Admittedly,
the government provided Mr. Jay with a copy (on a hard drive he supplied), however this copy
purportedly is impossible to navigate and hard to open. 
Experience and caution teach that the best practice at this juncture is to provide a complete 
“clean” copy of the Rule 16 materials directly to new counsel.  
2
Case 1:20-cr-00228-MHC-JKL     Document 208     Filed 07/20/21     Page 2 of 5

counsel delivered a 2-terabyte hard drive to the United States Attorney’s Office,
for the government to use in providing new counsel with a full copy of the
discovery materials. 
4.
New counsel requires additional time to obtain and review the discovery
and evaluate the evidence against his client.  Only then can he effectively prepare
pretrial motions in this case, or strategically decide not to file motions.  
5.
Additionally, the parties are pursuing plea negotiations, however the
undersigned counsel needs additional time (and discovery) before he can
effectively advise his client on whether or not to accept the government’s plea
offer. 
6.
The Defendant recognizes and agrees that the continuance requested
pursuant to this request serves the best ends of Justice, is in the interest of the
Defendants and the public and is excluded under the Speedy Trial Act, Title 18
U.S.C. § 3161(h).   The Defendant respectfully requests 45 additional days, as
opposed to 30, because undersigned counsel will be out of the district on leave for
2 weeks beginning July 28, 2021.  
3
Case 1:20-cr-00228-MHC-JKL     Document 208     Filed 07/20/21     Page 3 of 5

WHEREBY, DANIEL ERIC JAY requests that his pretrial conference be
continued and that he be given additional time (45 days) to file his pretrial motions
in this case and that his pretrial conference be continued to date convenient to the 
Court and all the parties. 
Dated:  This 20th day of July, 2021.
Respectfully submitted,
 s/ L. Burton Finlayson 
L. BURTON FINLAYSON
Attorney For DANIEL ERIC JAY
Georgia Bar Number: 261460
LAW OFFICE OF
L. BURTON FINLAYSON, LLC 
931 Ponce de Leon Avenue, NE
Atlanta, Georgia 30306
(404) 872-0560
lbfcourts@aol.com
4
Case 1:20-cr-00228-MHC-JKL     Document 208     Filed 07/20/21     Page 4 of 5

CERTIFICATE OF SERVICE
     This is to certify that I have this day electronically served the foregoing 
Motion to Continue Pretrial Conference and Motions Date by filing said in 
CM/ECF with automatic electronic service upon all parties including the 
following:
  
Russell Phillips 
ASSISTANT UNITED STATES ATTORNEY 
600 U.S. Courthouse 
75 Ted Turner Drive, SW 
Atlanta, Georgia 30303 
This 20th day of July, 2021.
s/ L. Burton Finlayson 
L. BURTON FINLAYSON
Attorney For DANIEL ERIC JAY
5
Case 1:20-cr-00228-MHC-JKL     Document 208     Filed 07/20/21     Page 5 of 5

File and source

File
gov.uscourts.gand.278523.208.0.pdf
Size
74,233 bytes
SHA-256
aa3014db003ea5d185a6b7966f81d156efff4ccd7c797b0bfcf4b612b0d6678d
Our copy
gov.uscourts.gand.278523.208.0.pdf
Original
PACER (login required)
Back to top